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  • #16
    Originally posted by nofrills View Post
    With regards to the Eligible Dependent Credit, I was re-assessed and my claim was rejected because I had a set-off amount. However, I made two appeals to the CRA and on the second appeal, they granted my appeal because my separation said "to satisfy both parties obligation to pay child support". CRA told me that you need to clearly state that "both parties have a legal obligation to pay child support".

    Even though my agreement had a set-off, it stated both parties had a legal obligation to pay child support. Do not use any "set-off" language it will raise flags like it did for me.

    Make it super clear, you need to explicitly state
    i) party 1 is legally obligated to pay party 2
    ii) party 2 is legally obligated to pay party 1.

    hope this helps
    btw my appeal just came through last week so this is still fresh for me.
    This helps a lot, thank you!

    So this only has to be in the separation agreement?

    Do I add this clause to the separation agreement?:

    1. To satisfy both parties obligation to pay child support:
    (i) party 1 is legally obligated to pay party 2
    (ii) party 2 is legally obligated to pay party 1.

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